District Health Boards. And. Service and Food Workers Union. Multi Employer Collective Agreement

Transcription

1 District Health Boards And Service and Food Workers Union Multi Employer Collective Agreement 1 October 2013 to 31 August

2 Index 1.0 Parties 2.0 Coverage 3.0 Term 4.0 Variation 5.0 Savings 6.0 Non - waiver 7.0 Definitions 8.0 Hours of Work 9.0 Meal Breaks 10.0 Remuneration 11.0 Overtime 12.0 Penal Rates 13.0 Call Back 14.0 Allowances 15.0 Uniform and Protective clothing 16.0 Retiring Gratuities 17.0 Reimbursements 18.0 Public Holidays 19.0 Annual Leave 20.0 Sick Leave 21.0 Long service Leave 22.0 Bereavement Leave 23.0 Parental Leave 24.0 Jury Service/Witness Leave 25.0 Policies and procedures 26.0 Employment Relations education leave 27.0 Right of Entry 28.0 SFWU Meetings 29.0 SFWU Delegate Workplace Representative 30.0 Health and safety 31.0 Accidents 32.0 Leave to Attend Meetings 33.0 Payment of Wages 34.0 Termination of Employment 35.0 Deduction of Union Fees 36.0 Family Friendly Practices 37.0 Indemnity 38.0 Harassment 39.0 Resolution of Employment Relations Problems Co-operation, Consultation, Management of Change and Employee Protection Provisions 41.0 Employment Protection Provision 2

3 42.0 Personal Development 43.0 Bargaining Fee 44.0 Healthy Workplaces 45.0 Schedules 46.0 Letters of Intent Appendix One National Management of Change Agreement Appendix Two National Healthy Workplaces Agreement Appendix Three Schedules of DHB provisions 3

4 DHBs I SFWU Multi-Employer Collective Agreement 1.0 Parties 1.1 In accordance with the Employment Relations Act 2000, this collective agreement is: BETWEEN: Northland, Waitemata, Auckland, Counties Manukau, Waikato, Bay of Plenty, Lakes, Taranaki, Hawke s Bay, Whanganui, Wairarapa, Hutt, Capital Coast, Nelson Marlborough, Canterbury, South Canterbury, Southern DHB. District Health Boards (The Employers ) And The Service and Food Workers Union Nga Ringa Tota (The Union or SFWU) 2.0 Coverage and Application 2.1 This is a collective agreement made pursuant to the Employment Relations Act The Agreement shall apply to those employees appointed by the employer to positions coming within the classifications provided for in the agreement. The coverage shall not apply to employees employed as managers. 2.3 (i) Employees previously employed on individual employment agreements who come within the coverage of this agreement by becoming a member of the union, the provisions of this agreement shall apply and the provisions of the individual employment agreement shall cease to apply except as otherwise specifically agreed in writing. (ii) The provisions of the Employment Relations Act shall apply in situations where an employee transfers. 2.4 Classifications within the agreement. 4

5 (i) Employees engaged in food services, orderly/attendant services, security services, cleaning/domestic services, laundry services and home services in the following positions: Cleaner, domestic, housekeeper, laundry hand, orderly/attendant, security orderly, deputy head orderly/co-coordinator, kitchen hand, café assistant, food service assistants, cook, chef, menu clerk/collators, security officer, home/home care worker, supervisors, team leaders, porters, head orderlies and home aides or the equivalent of any such work. 2.5 A new employee employed in a position covered by this agreement shall be employed under the terms and conditions of the agreement in accordance with Section 62 of the Employment Relations Act At the time when a new employee commences employment the employer will inform the employee: i) That the collective Agreement exists and covers work to be done by the employee; and ii) iii) That the employee may join the union that is a party to the collective agreement; and About how to contact the union. 3.0 Term 3.1 This Agreement shall come into force on 1 October 2013 and expires 31 August Variation 4.1 Any variation to this MECA shall be mutually agreed between all the parties and such variation shall be in writing and signed by all the parties (i.e. all Employers and the union). 5.0 Savings 5.1 Nothing in this agreement will operate to reduce the ordinary (TI) salary/hourly rate applying to an employee at the date of this agreement coming into force unless specifically agreed between the parties and recorded in writing. 5

6 6.0 Non Waiver Understanding 6.1 Failure by either party to enforce any right or obligation with respect to any matter arising in connection with this agreement shall not constitute a waiver as to the matter, or any other matter, either then or in the future. 7.0 Definitions Annual base salary the hourly rate multiplied by 2086 for a full time employee, pro rata for part time employees. Casual employee means an employee who has no set hours or days of work and who is normally asked to work as and when required. Casual employees cannot be used to replace genuine permanent or temporary situations except to meet business requirements when no other alternative is available. Duty/shift means a single, continuous period of work required to be given by an employee, excluding on-call and call-back. A duty shall be defined by a starting and finishing time. Duties shall be morning (AM), afternoon (PM) duties or night duties. When a major part of a duty falls on a particular day, the whole duty shall be regarded as being worked on that day. Employer means the relevant district health board employing the particular employee. Employee means any person employed by an employer whose position is covered by this Agreement. Full time employee means an employee who works not less than the ordinary or normal hours set out under hours of work in this MECA. Home-based Support Workers are employees who either have no fixed hours or have a minimum number of permanent hours that are less than the ordinary or normal hours prescribed in this Agreement. Their work hours are linked to client demand as allocated by a DHB for work in client homes. Night Duty means any duty in which part of the duty is worked between midnight and 5:00am on any day of the week. Ordinary time - T1 refers to the ordinary hourly rate of pay; and T1.5 refers to one and a half times the ordinary hourly rate of pay; and T2 refers to double the ordinary hourly rate of pay. 6

7 Part-time employee means an employee, who is employed on a permanent basis but works less than the ordinary or normal hours prescribed in this Agreement. Any wages and benefits, e.g. leave, will be pro rata according to the hours worked unless specifically stated otherwise in this Agreement. When additional shifts are required, as a general principle preference will be given in the first instance to part-time employees. Relevant Daily Pay has the meaning as provided by the Holidays Act From 1 October 2013 continuous service means any period of service with the same employer provided service is not broken by more than three calendar months or by reason of redundancy in which the employee has received redundancy compensation. Service, except where otherwise defined in the applicable clause, means the current/continuous service with the employer (previously known as Hospital and Health Services, Crown Health Enterprises, Health Boards and Hospital Boards) and service with a hospital contractor that the employer has already recognised. This definition cannot be operated to retrospectively claim service with a Hospital Contractor that is not already recognised. Shift work is defined as the same work performed by two or more employees or two or more successive sets or groups of employees working successive periods. Southern DHB is the entity created by the merger of Otago/Southland DHBs. Any clauses or schedules referring to specific terms and conditions for either Otago or Southland DHB will transfer to Southern DHB but will recognise the former DHB boundaries that existed prior to the merger and become location specific terms and conditions. Temporary/Fixed Term Employee means an employee employed on a full or part-time basis on reasonable grounds for a specified project, or event, or used to replace an employee who for some reason has taken extended leave. A temporary/fixed term employee shall be employed for a fixed term relating to either time or completion of the work task. There is no expectation of ongoing employment. Note: Temporary/fixed term agreements must not be used to deny staff security of employment. Week is defined as midnight Sunday/Monday to midnight Sunday/Monday, for the purpose of calculating the pay week and fortnight has a corresponding meaning involving two successive weeks. 7

8 8.0 Hours of Work The parties note that the Health & Safety in Employment Act 1992 S.6 (d) requires the employer to take all practical steps to prevent harm occurring to employees from the way work is organised. In designing and implementing shift rosters to meet service needs, the employer recognises the disruption, personal health effects and fatigue associated with shift work. The employer will endeavour to ensure safe staffing levels and appropriate skill mix in work areas to meet their operational requirements and endeavour to minimise the disruption, personal health effects and fatigue associated with shift work. 8.1 The ordinary working hours of an employee employed full-time shall be 80 per fortnight. 8.2 Employees will normally work 8 hours a duty, except that part-time employees by mutual agreement between the employer and the employee, may work duties of no less than 3 hours. (Individual DHB and the Union can agree variations to less than the three hours that will be recorded in writing and signed). 8.3 The pay period shall commence at midnight Sunday/Monday. When a major part of a shift falls on a particular day, the whole shift shall be regarded as being worked on that day. 8.4 Every employee shall have two periods of at least 24 hours off duty each week, and except in the case of emergencies or by agreement, these shall be consecutive. Part time employees are not required to work on their rostered days off i.e. on days 6/7 of their week. Note: These off duty periods may fall separately no more than once every four weeks for the following reasons: At the request of the employee or to facilitate the roster 8.5 (i) A break of at least nine continuous hours must be provided wherever possible between any two periods of duty of a full shift or more. (ii) Periods of a full shift or more include (a) periods of normal rostered work; (b) periods of overtime that are continuous with a period of normal rostered work; or full shifts of overtime/call back duty. 8

9 (iii) (iv) (v) (vi) (vii) The requirement to provide a break wherever possible applies whether or not any penalty payment will apply under the provisions of this clause. If a break of at least nine continuous hours cannot be provided between periods of a full shift, the shift is to be regarded as continuous and paid at overtime rates; until a break of at least nine continuous hours is taken, with proper regard to the time at which it occurs and the amount of overtime which precedes it. If a call back of less than a full shift is worked between two periods of duty of a full shift or more, a break of nine continuous hours must be provided, either before or after the call back. If such a break has been provided before the call back, it does not have to be provided afterwards as well. Time spent off duty during ordinary working hours solely to obtain a nine-hour break, shall be paid at ordinary time rates. Any absence after the ninth continuous hour) of such a break, if it occurs in ordinary time, shall be treated as a normal absence from duty. Overtime and penal rates shall not be paid in respect to the same hours the higher rate will apply. 8.6 Notwithstanding the foregoing conditions staff may be permitted to change shifts one with another by mutual arrangement and with the prior approval of the manager. Overtime or other penalty provisions shall not apply in these instances. 8.7 Where the employer requires employees to attend classes of instruction or examinations as part of their education, the time so occupied shall be deemed to form part of their hours of work. 8.8 Employees will not be required to change between day and night duties more than once in any 80-hour fortnight except in cases of emergency or by mutual agreement should the employee, on a one-off basis, request a more frequent change. 8.9 Those employees who work a night shift, which straddles a public holiday, shall be paid at public holiday rates for those hours, which occur on the public holiday, and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked Changing Time 9

10 Where an employee is required by the employer to wear specific uniform/protective clothing in a particular area and is not permitted to wear that uniform/protective clothing other than within the precincts of the hospital, the employee shall be allowed a period of six minutes, both at the commencement and cessation of each duty, as changing time Where the employer clearly identifies that permanent alterations in staff hours are required the hours of work may be varied by agreement between the employees affected, the SFWU and the employer. Such agreement shall be in writing and signed Duty hours must be consecutive except for unpaid meal breaks, the duration of which shall not be greater than one hour Rosters will be published not less than 14 days prior to commencement of the roster provided that less notice may be given in exceptional circumstances. Rosters posted will show duties for a minimum 14-day period. Changes in rosters once posted shall be by mutual agreement 8.14 In specific instances, i.e. shifts of longer or variable lengths, the ordinary hours for a full time employee can be averaged over a roster cycle of greater than one fortnight e.g. an employee who works 12-hour shifts may work 120 hours over a 3-week roster and be considered fulltime. No employee shall be required to work more than a 12-hour rostered shift. (a) (b) (c) (d) Alternative hours of work may be implemented by agreement between the employer, the employees directly affected and the SFWU. Such agreement shall be in writing and signed by the representatives of the parties. It is recognised that some areas may continue to utilise the standard eight-hour roster alongside the 10/12 hours rosters. An employee who elects to opt out of working 10/12 hour rosters shall give a minimum of four weeks notice. If a party to this Agreement wishes, for health and safety reasons, to change the above roster patterns, they shall engage in a process of consultation consistent with Clause 40 in order to do so. 10 and 12-hour shifts are not recommended as a standard rostering pattern and shall occur only where clear clinical / service rationale supports this practice. Such shift patterns shall not compromise those employees who elect to work an eight-hour roster. Any 10 and 12 hour shifts shall be subject to (a) above. Every employee shall have at least 2 consecutive 24 hour periods off duty each week. No employee working 10 hours per rostered shift shall work more than five consecutive duties. Where five consecutive 10 hour duties are worked, the employee must then 10

11 have a minimum of 3 consecutive 24 hour periods off duty. No employee working 12 hours per rostered shift shall work more than 4 consecutive duties. Where 4 consecutive 12 hour duties are worked, by agreement with the employee, then the employee must then have a minimum of 4 consecutive 24 hour periods off duty. It is recognised that 3 consecutive 12 hours shifts is the preferred maximum. Where 3 consecutive 12 hour shifts are worked, the employee must have a minimum of 3 consecutive periods 24 hours off duty. Notwithstanding the foregoing, these off duty periods may fall separately no more than once every four weeks at the request of the employee or to facilitate rostering. (e) (f) (g) (h) (i) Meal Breaks and rest periods shall be observed in accordance with clause 9.0. In addition, an employee who works a 12 hour shift shall be allowed two meal breaks, one paid and one unpaid, each of not less than half an hour. The second meal break is to be taken after having worked eight hours of the shift. Such meal breaks shall be arranged to be spaced as near as possible at equal intervals. Minimum breaks between duties: No 12 hour roster shall contain breaks between duties of less than eleven consecutive hours. No 10 hour roster shall contain breaks between duties of less than nine consecutive hours. If the actual breaks are not achieved then the payment provisions of the overtime clause 11.0 shall apply. Note: If the employee requests a lesser break, the overtime payments will not apply. Overtime - the following payments shall apply: (i) Ten hour shifts: T1.5 after 10 hours for the 11th hour, then T2 for all hours worked thereafter; (ii) Twelve hour shifts: T2 for all hours worked in excess of a rostered 12 hour shift; (iii) For those fulltime employees working 12 hour shifts, overtime shall apply after 120 hours averaged over 3 weeks (Clause 11.1 shall apply); (iv) For all other employees working alternative hours of work, overtime shall apply after 80 hours per fortnight (Clause 11.1 shall apply). Annual Leave / Sick Leave: each day of annual leave or sick leave shall be calculated and paid according to the number of hours rostered to work on the day of such leave. Every employee who completes one year on alternative hours of work as above shall receive one-week shift leave in place of the provisions set out in clause

12 8.15 No employee shall be required to work more than 12 consecutive hours where their normal shift is of 8, 10 or 12 hours duration except in an emergency Wherever possible an employee changing duties on consecutive days shall be rostered off for a minimum of 12 consecutive hours. 9.0 Meal Breaks and Rest Periods 9.1 Except when required for urgent or emergency work and except as provided in 9.2 below, no employee shall be required to work for more than five hours continuously without being entitled to a meal break of not less than half an hour. There will be only one meal break of not less than half an hour during a 10 hour shift. 9.2 An employee unable to be relieved from work for a meal break shall be entitled to have a meal while on duty and this period shall be regarded as working time. 9.3 Except where provided for in 9.2 above an employee unable to take a meal after five hours, half-ordinary time shall be paid as a penalty payment from the expiry of five hours until the time of taking the meal break. 9.4 Rest breaks of 10 minutes each for morning tea, afternoon tea or supper, and the equivalent breaks for night duty where these occur during duty, shall be recognised as time worked. 9.5 During the meal break or rest breaks prescribed above, free tea, coffee, milk and sugar shall be supplied by the employer. Where it is impractical to supply tea, coffee, milk and sugar free of charge, an allowance of $1.31 per week in lieu shall be paid. This allowance shall continue during all periods of leave except leave without pay Remuneration 10.1 The following hourly rates of pay shall apply to the respective positions below. Orderlies, Attendants, Security Orderlies/Officers H/Rate $ H/Rate $ 1/10/2012 1/10/2013 Grade (No Qual Entry) Grade (Level 2 Qual Entry) Grade (Level 3 Qual Entry) Grade (No Qual Max) 12

13 Grade (Level 2 Qual Max) Grade (Level 3 Qual Max) Cleaners, Support Workers, Home Aides and Laundry H/Rate $ H/Rate $ 1/10/2012 1/10/2013 Grade (No Qual Entry) Grade Level 2 Qual Entry) Grade (Level 3 Qual Entry) Grade (No Qual Max) Grade (Level 2 Qual Max) Grade (Level 3 Qual Max) Cooks H/Rate $ H/Rate $ 1/10/2012 1/10/2013 Grade (No Qual Entry) Grade Level 2 Qual Entry) Grade Level 3 Qual Entry) Grade (No Qual Max) Grade (Level 2 Qual Max) Grade (Level 3 Qual Max) Kitchen Assistants H/Rate $ H/Rate $ 1/10/2012 1/10/2013 Grade (No Qual Entry) Grade (Level 2 Qual Entry) Grade (Level 3 Qual Entry) Grade (No Qual Max) Grade (Level 2 Qual Max) Grade (Level 3 Qual Max) Supervisors H/Rate $ H/Rate $ 1/10/2012 1/10/2013 Grade (No Qual Entry) Grade Level 2 Qual Entry) Grade (Level 3 Qual Entry) Grade (No Qual Max) Grade (Level 2 Qual Max) 13

14 Grade (Level 3 Max & SS3 Max) 10.2 All employees will progress through the salary scales automatically from Grade 1 to Grade 4 inclusively on their anniversary date When an employee successfully achieves a Level 2 or a Level 3 qualifications, and has been on their current Grade for less than 12 months, they will remain on their current Grade and progress through to the next Grade on their anniversary date. For employees with a Level 2 qualification they will be able to progress through to Grade 5. For employees with a Level 3 qualification they will be able to progress through to Grade 6. Movement through the Grades is subject to meeting the criteria outlined in When an employee successfully achieves a Level 2 or Level 3 qualification and has been on their current Grade for 12 months or more they will move to the next Grade immediately and that date will become their new anniversary date. For employees with a Level 2 qualification they will be able to progress through to Grade 5. For employees with a Level 3 qualification they will be able to progress through to Grade 6. Movement through the Grades is subject to meeting the criteria outlined in When an employee commences employment with a Level 2 qualification they will be placed on the salary scale at Grade When an employee commences employment with a Level 3 qualification they will be placed on the salary scale at Grade The parties to this Agreement will consider the introduction of a learning representatives system in the workplace to support employees gaining Level 2 and Level 3 National Certificate qualifications If there is not a Level 3 National Cleaning Certificate in place at the ratification of this Agreement the parties will agree, with the assistance of Careerforce, the Community Support Services ITO, as to the gaining of which unit standards will be recognised by the employer for the progression up to Grade 6 of the wages scale Those employees who are already on Grade 5 without a qualification shall remain on Grade 5. Those who have a Level 2 qualification with an ITO allowance shall retain such an allowance until such time as their pay on the appropriate Grade exceeds their current pay plus ITO allowance. 14

15 10.10 On appointment, the employer may place an employee on any step of the relevant scale taking into account the following factors Previous work experience or other relevant work and life experience Degree of difficulty in recruiting specific skills and/or experience required Progression through the grades on the above scales shall be by annual automatic increment within the DHB category above, subject to satisfactory performance. Where an employee s performance is not satisfactory the employee should be informed prior to their review date so the employee can address areas of shortfall in performance. Should these areas not be addressed the employee will not receive the automatic increment Overtime 11.1 Overtime is time worked in excess of eight hours per day or the rostered duty whichever is greater, or 80 hours per two-week period, when such work has been authorised in advance. Overtime hours are paid at one and one half (1.5) times the ordinary hourly rate. Note Overtime worked is calculated on a daily basis Except in emergencies, no employee shall be required to work for more than 12 consecutive hours where their normal shift is of 8 or 10 hours duration Penal Rates 12.1 The following penal rates in addition to the ordinary rate shall apply to hours worked (i) Night shift rate - 25% (T0.25) The night rate applies to ordinary hours of work (other than overtime) that fall between 8.00pm and 6.00am from midnight Sunday/Monday to midnight Friday/Saturday (ii) Weekend rate 50% (T0.50) The weekend rate applies to ordinary hours of work worked after midnight Friday/Saturday until midnight Sunday/Monday. 15

16 (iii) Public holiday rate -100% (T1) The public holiday rate applies to all hours of work worked on a public holiday Overtime and penal rates shall not be paid in respect to the same hours. The higher rate will apply Call Backs a call back is overtime and paid at the applicable overtime rate. An employee shall be paid for a minimum of three hours, or for actual working and travelling time, whichever is the greater, when the employee: (a) (b) Is called back to work after completing the day s work and having left the place of employment; or Is called back before the normal time of starting work and does not continue working until such normal starting time; (i) (ii) Call-backs commencing and finishing within the minimum period covered by an earlier call back shall not qualify for payment. Where a call back commences before and continues beyond the end of the minimum period of a previous call back, the employee shall receive payment as if the employee had worked continuously from the beginning of the previous call back to the end of the later call back. The employer shall either (a) (b) Provide the employee with transport from the employee s place of residence to the institution where the employee is employed and to the place of residence from the institution; or Reimburse the employee the actual and reasonable travelling expenses incurred in travelling from the employee s place of residence to the institution and to the place of residence from the institution Allowances 14.1 Tracer Allowance where those provisions existed in Collective Agreements that were in place prior to or after 30 June 2007 at individual DHB all employees shall continue to be entitled to the allowance; those employer specific provisions are attached as appendix 3. 16

17 14.2 Meal Allowance where an employee who works a full 8 hour duty or the rostered duty whichever is the greatest and who is required to work more than one hour beyond the end of the duty (excluding any break for a meal)the employer shall either provide a meal or pay the employee a meal allowance of $ On Call - In the interests of healthy rostering practices, the parties agree that the allocation of on-call time should be spread as evenly as practicable amongst those required to participate in an on-call roster. (i) (ii) (iii) (iv) (v) Where an employee is instructed to be on call during normal off duty hours, they shall receive an on call allowance of $2.50 per hour. The on call allowance is payable for all hours the employee is rostered on call including time covering an actual call out. Unless by mutual agreement or in emergencies, no employee shall be required to remain on call for more than 40% of the employee s off-duty time in any three-weekly period. In services where the employer s operational requirements and staffing levels permit, employees working seven day rosters should not be rostered on call on their rostered days off. An employee who is required to be on call and report on duty within 20 minutes shall have access to an appropriate locater or a cell phone Post- Mortem/Body Removal Attendants/Orderlies required to assist actively with a post-mortem examination shall be paid an additional $10.00 per post-mortem. The payment prescribed in this paragraph shall also be made to attendants required to handle a body that is in a mutilated or partly decomposed state while assisting with police cases. Any attendant who objects to handling dead bodies may elect not to do so provided that the employer may direct the attendant to remove a dead body where no other attendant is readily available to carry out the duty Body removal allowance - Attendants who are required to collect, transport, and place bodies in a mortuary or associated area such as a viewing room shall be paid an allowance of $4.00 per removal. Any attendant who objects to removing dead bodies may elect not to do so provided that the employer may direct the attendant to remove a dead body where no other attendant is readily available to carry out the duty. 17

18 14.5 Broken Shifts - Where an employee works broken shifts, the shifts must be completed within 12 hours, computed from starting to finishing time, including meal hours. Non-resident workers employed on broken shifts shall be paid $15.00 per week in excess of the ordinary weekly wages provided in this agreement, or $3.00 per day for relieving, casual or parttime workers Security Allowance Where those provisions existed in Collective Agreements that were in place prior to or after 30 June 2007 at individual DHB all employees shall continue to be entitled to the allowance; those employer specific provisions are attached as appendix Uniforms and Footwear 15.1 General Except as otherwise specified in this document, where the employer requires an employee to wear a particular uniform, footwear or specified items of clothing while on duty, this shall be supplied free of charge. Suitable protective clothing shall be provided at the employer's expense where the work involves the risk of excessive soiling or damage to uniforms or protective clothing or a risk of injury to the employee. Uniforms and footwear may not be used by the employee outside of work hours, other than for work travel purposes Except as otherwise specified in the document, all uniforms, protective clothing and footwear supplied by the employer shall remain the property of the employer and shall be replaced on a fair wear and tear basis. Uniforms, protective clothing and footwear shall be handed in on being supplied with a replacement, on termination of employment or at such other time as the Employer may require. For any uniforms, protective clothing and footwear not accounted for when requested for above, the employer may make a deduction from the employee s wages. The rate of deduction shall be the cost of the item not accounted for after due allowance has been made for fair wear and tear, and shall be agreed upon between the employer and the Union An employee shall be reasonably compensated for damage to personal clothing worn on duty, or reimbursed dry cleaning charges for excessive soiling to personal clothing worn on duty, provided the damage or soiling was not a result of the employee s negligence, or failure to wear the protective clothing provided. Each case shall be determined on its merits by the employer. 18

19 Unless otherwise agreed by the employer, suitable footwear shall comprise soft soled, non-skid, fully enclosed shoes or boots with low or flat heels, and shall be worn at all times while on duty Where payable, a footwear allowance shall not be payable where the employee fails to wear suitable footwear as prescribed below Uniforms The following provisions apply to individual DHBs: (a) (b) (c) Auckland DHB: (i) Retail Assistants: Such uniforms shall consist of 5 pairs of trousers and shirts (pro rata per FTE) plus a cap. (ii) Orderlies (pro-rated in accordance with their FTE per annum): 5 trousers, 5 grey polo shirts, 1 fleece lined sweatshirt or 1 fleece lined zip front vest, 1 pair of shoes. In addition, Orderlies assigned to drive the truck or deliver medical gasses shall be provided with: 1 warm jacket, 1 rain jacket, 1 high visibility jacket, 1 pair of leather gloves, and 1 pair of steel capped shoes. In so far as the provision of the above safety shoes are concerned, Orderlies who are not able to fit into the non-steel cap shoe provided by ADHB, shall be entitled to the NZ Safety Runner Shoe. If such an Orderly is also assigned to drive the truck or deliver medical gasses s/he shall not be entitled to an additional pair of steel capped shoes. (iii) Kitchen Staff (pro-rated in accordance with their FTE per annum): 5 pants or skirts, 5 tunics or polo shirts, 5 Tabards (aprons). Kitchen Assistants working in the sandwich area shall receive in addition to the above: 1 fleece lined jacket long sleeve with zip in front, 1 fleece lined jacket sleeveless with zip in front and 1 beanie. In addition the Employer shall provide 10 pairs of gumboots, together with liners, for the staff to use when working in the wet area of the Kitchen. Bay of Plenty: The term uniform includes for example: uniform dresses, trousers or culottes, smocks, tunics, cardigan, woollen jacket, etc. Each employee, the nature of whose work requires the wearing of overalls, shall be issued two on commencement. Counties Manukau DHB: All Home Aids shall be provided with aprons and gloves as required. 19

20 (d) (e) (f) Hutt Valley DHB: In accordance with the Health and Safety in Employment Act, the employer will also provide employees with appropriate protective clothing and/or footwear. Otago DHB: All home aids shall be issued with two uniform smocks or aprons. Taranaki DHB: If it is agreed that a replacement uniform is necessary, then this shall occur within one calendar month of the agreement Protective Clothing The following shall apply to individual DHBs: (a) (b) (c) Northland DHB, South Canterbury DHB, Waikato DHB and Waitemata DHB: Employees required to work outside in bad weather, shall be supplied with oilskins, caps and gumboots. In lieu of gumboots, galoshes and waterproof leggings may be supplied. NOTE: Auckland DHB, Hawke s Bay DHB, Lakes DHB and Otago DHB: Waterproof aprons shall be supplied to laundry Employees. Auckland DHB, Northland DHB, Hawke s Bay DHB, Lakes DHB, Otago DHB, South Canterbury DHB, Waikato DHB and Waitemata DHB: Employees required to scrub or wash out with caustic soda or similar corrosive cleaning agent, shall be supplied by the employer with gumboots. NOTE: In lieu thereof, a boot allowance shall be paid as follows: (i) Hawke s Bay DHB, Otago DHB and South Canterbury DHB: 38 cents per week. (ii) Waikato DHB and Waitemata DHB: 36.9 cents per week. Auckland DHB, Hawke s Bay DHB, Lakes DHB, Northland DHB, South Canterbury DHB, Waikato DHB and Waitemata DHB: Suitable clean protective clothing shall be made available by the employer where the nature of a particular duty or duties would either continuously or intermittently render an employee's personal clothing or uniform liable to excessive soiling or damage or expose the employee's person to injury or excessive discomfort through biological, chemical, or physical hazards Footwear The following provisions apply to individual DHBs: 20

21 (a) (b) (c) (d) (e) Auckland DHB: Employees shall be required to provide themselves with suitable footwear. The parties agree that they will hold discussions with appropriate footwear suppliers to ascertain whether some form of purchase agreement may be put into place which might benefit the employees. If, as a Health and Safety requirement as defined by OSH, Orderlies are required to wear safety shoes, these shall be provided by the ADHB on an annual basis. Safety shoes may be replaced more frequently upon evidence of fair wear or damage. See uniform allocation for the detailed provision of footwear for Orderlies. Bay of Plenty: Where an Employer requires a designated Employee to wear a particular type of shoe, two pairs shall be supplied free of charge to every such whole-time employee or an allowance of $ pa shall be paid in lieu. In addition, six pairs of duty socks, stockings or panty hose shall be supplied free of charge or an allowance of $32.37 pa shall be paid in lieu to every such whole-time employee. The allowance for part-time employees shall be pro-rated in accordance with their FTE. Canterbury DHB: Orderly Service Employees and Food Services Employees shall be required to provide themselves with suitable footwear and shall be paid a footwear allowance of $ per calendar year (paid in two instalments of $63.68: one on the last pay period in June, and the other on the last pay period in December, such instalments to be paid pro rata in respect of any part period). Cleaning Services employees will be provided footwear through the Employer s internal procedures from an agreed range. Counties Manukau DHB: Where an employee buys their own safety footwear (provided the employee is one whose work is of such a nature that wearing safety footwear is necessary to lessen the risk of foot injury from work accidents) and produces a receipt to CMDHB, the employee may be reimbursed the actual and reasonable cost up to a maximum of $ pa. An employee who ceases to be employed by CMDHB before completing 12 months continuous service shall refund to CMDHB 1/12 of the initial cost reimbursed for each incomplete month of the 12 month period. In the case of an employee who is employed part-time, a proportionate part of these allowances shall be paid, as applicable. Hawke s Bay DHB: Where the Employer requires the employees to provide themselves with suitable footwear, the employee shall be paid a footwear allowance of $2.25 per week for full-time staff or 45 cents per day for part-time and casual workers. 21

22 (f) (g) (h) (i) (j) Lakes DHB/Hutt Valley DHB/Capital and Coast DHB: Employees shall be provided with appropriate footwear which shall be replaced annually or on a fair wear and tear basis, whichever occurs first. Northland DHB: Porters and Orderlies shall be provided with one pair of NZ Safety runner shoes, with a maximum value of $120 per year. Southern DHB (Otago): In the instances of the necessity for protective footwear, such footwear will be provided by the employer as per either of the following provisions: (i) Provide suitable footwear selected from an agreed range. No unreasonable requests for replacement of shoes shall be made. OR (ii) Employees shall be paid a footwear allowance of 60 cents per day and shall be required to provide themselves with suitable footwear. Footwear allowance shall not be payable where the employer provides suitable footwear or where the employee fails to wear suitable footwear as prescribed above. (In the event that the parties to this Agreement agree in future that employees shall launder the uniforms, it is recognised that this allowance would be deemed to then include a component for laundering of uniforms). Unless otherwise agreed to by the employer, suitable footwear shall comprise soft soled, non-skid, fully enclosed shoes or boots with flat or low heels. Taranaki DHB: Except for Home Aids and Telephonists, the employee will be required to wear approved safety footwear which will be supplied by the employer. The employee will receive a maximum of one pair per year, unless it becomes worn out. Any orthopaedic adjustment shall be made at the organisation s expense. Orderlies and cleaners shall receive four pairs of socks annually. Theatre HCAs shall receive two pairs. Socks are not replaced if worn out nor are they laundered at the organisations expense. Waikato DHB: Where the employer requires the employees to provide themselves with suitable footwear, the employee shall be paid a footwear allowance of $2.24 per week for full-time staff or 45 cents per day for part-time and casual workers. Footwear allowance shall not be payable where, because of the nature of the work being performed or because of the work environment, safety footwear, safety or conventional gumboots are required to be worn, 22

23 15.5 Laundry and the employee is supplied with footwear by the employer. It shall be at the employer s discretion in determining whether to pay the allowance above, or provide the suitable footwear. Employer supplied footwear will be replaced subject to fair wear and tear in the service of the employer but, not less than one pair per year Subject to below, all items of uniform and protective clothing supplied by the employer shall be laundered by the employer. NOTE: (a) Counties Manukau DHB: All items of uniform clothing supplied by the employer shall be laundered by the employee. (b) Waitemata DHB: Where laundering is impractical, an allowance of $1.50 per day shall be paid to the employee. (c) Otago DHB: Home Aids uniforms are not required to be laundered by the employer. (d) Auckland DHB: The employer shall ensure that the provider of laundry services to the employer shall collect from and return to the kitchen, kitchen staff uniforms. (e) Capital and Coast DHB: All items of uniform clothing supplied by the employer shall be laundered by the employee Retiring Gratuities 16.1 Retiring Gratuities are available to employees who are retiring from employers where those provisions existed in Collective Agreements, which were in place prior to or after 30 June Those employer-specific provisions are attached as Appendix 3 to this MECA. All cut off and implementation dates expressed in those employer-specific provisions will continue to apply with each employer Reimbursements 17.1 Travelling Expenses and Incidentals (a) When travelling on employer business, the employee will be reimbursed for costs on an actual and reasonable basis on presentation of receipts. (b) Employees who are instructed to use their motor vehicles on employer business shall be reimbursed in accordance with the IRD mileage rates as promulgated from time to time. The IRD rates that applied at the commencement of this collective agreement are as follows: 74 cents per kilometre. 23

24 17.2 General: In circumstances not addressed by this clause, any expenses incurred on behalf of the employer shall be reimbursed in accordance with individual employer s policies Public Holidays 18.1 The following days are public holidays: New Year s Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign s Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned) Transfer of public holidays over Christmas and New Year is in accordance with Section 45 of the Holidays Act If any of the holidays: (i) (ii) (iii) (iv) falls on a Saturday and the day would otherwise be a working day for the employee; the public holiday must be treated as falling on that day: falls on a Saturday and the day would not otherwise be a working day for the employee; the public holiday must be treated as falling on the following Monday: falls on a Sunday and the day would otherwise be a working day for the employee; the public holiday must be treated as falling on that day: falls on a Sunday and the day would not otherwise be a working day for the employee; the public holiday must be treated as falling on the following Tuesday: Note to avoid doubt this does not entitle an employee to more than 4 public holidays for the Christmas and New Year public holidays In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee. 24

25 18.4 When employees are required to work on a public holiday as provided above they will be paid at the appropriate penal rate as specified in Clause 12 Penal Rates for all hours worked and granted an alternative holiday in accordance with the Holidays Act An employee who is required to be on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act Those employees who work a night shift, which straddles a public holiday, are paid at public holiday rates for those hours, which occur on the public holiday, and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked Off duty day upon which the employee does not work: (i) Fulltime employees where a public holiday falls on either a Saturday or Sunday, falls on the employee s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday. (ii) Part-time employees where an employee s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40 % of the time over the last three months. Payment will be relevant daily pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday not being debited against such leave An employee shall not be entitled to payment for a public holiday falling during a period of leave without pay (including sick or military leave without pay) unless the employee has worked during the fortnight ending on the public holiday. 25

26 18.10 Leave on reduced pay - An employee, during a period on reduced pay, shall be paid at the relevant daily pay for public holidays falling during the period of such leave Annual Leave 19.1 Casual employees shall be paid 8% of gross taxable earnings in lieu of annual leave to be added to the salary paid for each engagement. No other parts of this clause apply to casual staff Employees other than casuals, shall be entitled to 4 weeks annual leave paid in accordance with the Holidays Act 2003 and subject to the other provisions of this clause, except that on completion of 5 years recognized current continuous service the employee shall be entitled to 5 weeks annual leave. For the purposes of this clause current continuous service shall be either any continuous service with any DHB or its predecessors, which has not been broken by an absence of more than three months. However, where the employee remains engaged on related work or study whilst absent, the period of three months shall extend to twelve months The term leave year means the year ending with the anniversary date of the employee s appointment The employer may permit an employee to take annual leave in one or more periods The employer may permit all or part of the annual leave accruing in respect of a leave year to be postponed to the next following year but the annual leave entitlement at any one time shall not exceed the total of annual leave accruing in respect of two leave years Providing that where an employee is on continuous leave without pay due to illness or accident the employee will be permitted to take or accumulate leave for up to two years. After this an employee will not qualify for any further period of leave until duty is resumed When an employee ceases duty, salary shall be paid for accrued annual leave and the last day of service shall be the last day of duty. 19.8The provisions of the Parental Leave and Employment Protection Act 1987 shall apply in relation to annual leave when an employee takes a period of parental leave or returns to work from parental leave in accordance with clause 23 of this Agreement 19.9 Shift Employees (For Otago DHB theatre orderlies provision please see Schedule in Appendix 3) Employees who work rotating shift patterns or 26

27 those who work qualifying shifts shall be entitled, on completion of 12 months employment on shift work, to up to an additional 5 days annual leave, based on the number of qualifying shifts worked. The entitlement will be calculated on the annual leave anniversary date. Qualifying shifts are defined as a shift that involves at least 2 hours work performed outside the hours of 8.00am 5.00pm, excluding overtime. Number of qualifying Number of days shifts per annum additional leave pa 120 or more 5 days days days days days Note: The entitlement cannot exceed a maximum of 5 days in any leave year Conditions 20.0 Sick Leave 1. Part time employees shall be entitled to annual leave on a pro rata basis except that shift leave and on-call leave shall not be pro-rated. 2. Annual leave may be granted in one or more periods in accordance with the Holidays Act 2003, the employee shall be given the opportunity to take two weeks leave at one time. 3. An employer may allow an employee to take an agreed portion of the employee s annual holiday entitlement in advance. 4. Annual leave is to be taken within 12 months of entitlement becoming due; In special circumstances the employer may allow an employee to accrue annual leave to a maximum of two years entitlement On appointment to a DHB a full time employee shall be entitled to ten (10) working days paid sick leave for the first 12 months of employment. For each subsequent 12 months he/she shall be entitled to a further ten working days. The entitlement shall be pro rated for part time employees except that a part time employee shall receive no fewer than 5 workings days paid sick leave for the first 12 months of employment and a minimum of a further 5 working days for each subsequent 12 month period. In accordance with the Holidays Act the first five days sick leave in each year shall be paid at relevant daily pay. 27

28 20.2 Employees can accumulate their entitlement up to a maximum accumulation of 120 working days Service for the purposes of this clause shall mean current continuous service except that any employee employed as at 1 July 2007 shall retain their current service date recognised by the employer in respect to sick leave The Employer may require a medical certificate for sick leave of three or more consecutive calendar days, whether or not the days would otherwise have been working days for the Employee An Employee shall notify the Employer prior to the commencement of their shift on any day of absence due to illness An employee may take sick leave if (i) The employee is sick or injured; (ii) The employee s spouse is sick or injured; (ii) A person who depends upon the employee for care is sick or injured Sick Leave in Relation to Annual Leave (a) When sickness occurs during annual leave the employer shall permit the period of sickness to be debited against sick leave entitlement, except where the sickness occurs during leave following relinquishment of offices, provided; (i) The employee produces a medical certificate, showing the nature and duration of the illness The employer may at their discretion grant leave in addition to the above entitlement in accordance with individual DHB policies and procedures Casual Employees - Employees who work no less than at least an average of 10 hours per week over a 6 month period and no less than one (1) hour in every week during that period or no less than 40 hours in every month in that period shall be entitled to sick leave as provided for in clauses Where an employee is suffering from a minor illness arising out of or in the course of their employment, which could have a detrimental effect on the patients, or other staff in the employer s care, employers may at its discretion, either: (i) Place the employee on suitable alternative duties; or 28

29 (ii) Direct the employee to take leave on payment at base rates (T1 only) for not more than eight days in any one year, in addition to the normal entitlement to sick leave Long Service Leave 21.1 Except where additional long service leave is provided for in the schedules attached to this Agreement, the following minimum entitlement shall apply to all DHB employees: a) Employees shall be entitled to one special holiday of four weeks to be taken after the completion of 20 years continuous service with the employer. b) Special holidays provided for in sub-clause (a) of this clause shall be taken and paid for in the same manner as for annual holidays under the Holidays Act 2003 and may be taken on one or more periods as shall be fixed by the Employer after agreement with the Employee. c) If the Employee, having become entitled to a special holiday, leaves his or her employment before such holiday has been taken, he or she shall be paid in lieu thereof at the ordinary rate. Note: New employees at Canterbury DHB, Counties Manukau DHB, Hawke s Bay DHB, Hutt Valley DHB (cleaning only) Southern DHB (Theatre Orderlies only) and Waitemata DHB will continue to be entitled to the superior Long Service Leave provisions in their DHB and will not be entitled to the Long Service Leave provisions in Clause 21 of this MECA Bereavement Leave 22.1 The employer shall approve special bereavement leave on pay for an employee to discharge any obligation and/or to pay respects to a Tupapaku/deceased person with whom the employee has had a close association. Such obligations may exist because of blood or family ties or because of particular cultural requirements such as attendance at all or part of a Tangihanga (or its equivalent). The length of time off shall be at the discretion of the employer and should not be unreasonably withheld and will be exercised in accordance with the Holidays Act If a bereavement occurs while an employee is absent on annual leave, sick leave on pay or any other special leave on pay, such leave may be interrupted and bereavement leave granted in terms of clause 22.1 above. This provision will not apply if the employee is on leave without pay In granting time off therefore, and for how long, the employer must administer these provisions in a culturally appropriate manner, especially in the case of Tangihanga. 29

30 22.4 The employer agrees that on application, it may be appropriate, to grant leave without pay in order to accommodate various special bereavement needs not recognised in clause 22.1 above Parental Leave 23.1 Statement of principle - The parties acknowledges the following provisions are to protect the rights of employees during pregnancy and on their return to employment following parental leave Entitlement and eligibility - provided that the employee assumes or intends to assume the primary care of the child born to or adopted by them or their partner, the entitlement to parental leave is: (i) (ii) (iii) In respect of every child born to them or their partner. In respect of every child up to and including five years of age, adopted by them or their partner. Where two or more children are born or adopted at the same time, for the purposes of these provisions the employee s entitlement shall be the same as if only one child had been born or adopted (i) Parental leave of up to 12 months is to be granted to employees with at least one-year s service at the time of commencing leave. (ii) (iii) Parental leave of up to six months is to be granted to employees with less than one year s service at the time of commencing leave. Provided that the length of service for the purpose of this clause means the aggregate period of service, whether continuous or intermittent, in the employment of the employer. The maximum period of parental leave may be taken by either the employee exclusively or it may be shared between the employee and their partner either concurrently or consecutively. This applies whether or not one or both partners are employed by the employer In cases of adoption of children of less than five years of age, parental leave shall be granted in terms of 23.2 and 23.3 above, providing the intention to adopt is notified to the employer immediately following advice from the Department of Child, Youth and Family services to the adoptive applicants that they are considered suitable adoptive parents. Subsequent evidence of an approved adoption placement shall be provided to the employer s satisfaction. 30

31 23.5 Employees intending to take parental leave are required to give at least one month s notice in writing and the application is to be accompanied by a certificate signed by a registered medical practitioner or midwife certifying the expected date of delivery. The provision may be waived in the case of adoption The commencement of leave shall be in accordance with the provisions of the Parental Leave and Employment Protection Act An employee absent on parental leave is required to give at least one month s notice to the employer of their intention to return to duty. When returning to work the employee must report to duty not later than the expiry date of such leave. Note It is important that employees are advised when they commence parental leave that, if they fail to notify the employer of their intention to return to work or resign, they shall be considered to have abandoned their employment Parental leave is not to be granted as sick leave on pay Job protection Subject to below, an employee returning from parental leave is entitled to resume work in the same position or a similar position to the one they occupied at the time of commencing parental leave. A similar position means a position: (i) at the equivalent salary, grading; (ii) at the equivalent weekly hours of duty; (iii)in the same location or other location within reasonable commuting distance; and (iv) involving responsibilities broadly comparable to those experienced in the previous position Where applicable, employees shall continue to be awarded increments when their incremental date falls during absence on parental leave Parental leave shall be recognised towards service-based entitlements, i.e. annual leave and sick leave. However, parental leave will not contribute to Retiring Gratuities allowance calculations The employer must, as a first preference, hold the employee s position open or fill it temporarily until the employee s return from parental leave. In the event that the employee s position is a key position (as defined in the Paid Parental Leave and Employment Protection Amendment Act 2002), the employer may fill the position on a permanent basis. 31

32 Where the employer is not able to hold a position open, or to fill it temporarily until an employee returns from parental leave, or fills it permanently on the basis of it being a key position, and, at the time the employee returns to work, a similar position (as defined in 23.8 (a) above) is not available, the employer may approve one of the following options: (i) an extension of parental leave for up to a further 12 months until the employees previous position or a similar position becomes available; or (ii) an offer to the employee of a similar position in another location (if one is available) with normal transfer expenses applying; if the offer is refused, the employee continues on extended parental leave as in (i) above for up to 12 months; or (iii) the appointment of the employee to a different position in the same location, but if this is not acceptable to the employee the employee shall continue on extended parental leave in terms of 23.9(b)(i) above for up to 12 months: provided that, if a different position is accepted and within the period of extended parental leave in terms of 23.9(b), the employee s previous position or a similar position becomes available, then the employee shall be entitled to be appointed to that position; or (iv) where extended parental leave in terms of (ii) above expires, and no similar position is available for the employee, the employee shall be declared surplus under clause 40.3 of this agreement If the employee declines, the offer of appointment to the same or similar position in terms of sub clause above, parental leave shall cease Where, for reasons pertaining to the pregnancy, an employee on medical advice and with the consent of the employer, elects to work reduced hours at any time prior to confinement, then the guaranteed proportion of fulltime employment after parental leave shall be the same as that immediately prior to such enforced reduction in hours Parental leave absence filled by temporary appointee - If a position held open for an employee on parental leave is filled on a temporary basis, the employer must inform the temporary appointee that their employment will terminate on the return of the employee from parental leave Employees on parental leave may from time to time and by agreement, work occasional duties during the period of parental leave and this shall 32

33 not affect the rights and obligations of either the employee or the employer under this clause Paid Parental Leave Where an employee takes parental leave under this clause, meets the eligibility criteria in 23.2 (i.e. they assume or intend to assume the primary care of the child), and is in receipt of the statutory paid parental leave payment in accordance with the provisions of the Parental Leave and Employment Protection Act 1987 the employer shall pay the employee the difference between the weekly statutory payment and the equivalent weekly value of the employee s base salary (pro rata if less than full-time) for a period of up to 14 weeks. The payment shall be made at the commencement of the parental leave and shall be calculated at the base rate (pro rata if appropriate) applicable to the employee for the six weeks immediately prior to commencement of parental leave. The payment shall be made only in respect of the period for which the employee is on parental leave and in receipt of the statutory payment if this is less than 14 weeks. Where 23.3(ii) applies and both partners are employed by the DHB, the paid parental leave top up will be made to only one employee, being the employee who has primary care of the child Jury Service/Witness Leave 24.1 Employees called on for jury service are required to serve. Where the need is urgent, the Employer may apply for postponement because of particular work needs, but this may be done only in exceptional circumstances An employee called on for jury service may elect to take annual leave, leave on pay, or leave without pay. Where annual leave or leave without pay is granted or where the service is performed during an employee s off duty hours, the employee may retain the juror s fees (and expenses paid) Where leave on pay is granted, a certificate is to be given to the employee by the Employer to the effect that the employee has been granted leave on pay and requesting the Court to complete details of juror s fees and expenses paid. The employee is to pay the fees received to the employer but may retain expenses Where leave on pay is granted, it is only in respect of time spent on jury service, including reasonable travelling time. Any time during normal working hours when the employee is not required by the Court, the employee is to report back to work where this is reasonable and practicable. 33

34 24.5 Where an employee is required to be a witness in a matter arising out of his/her employment, he/she shall be granted paid leave at the salary rate consistent with their normal rostered duties. The employee is to pay any fee received to the Employer but may retain expenses Policies and Procedures 25.1 All employees covered by the Agreement shall comply with the employer s policies and procedures in force from time to time, to the extent that such policies and procedures are not inconsistent with the terms and conditions of this Agreement The union will be consulted regarding any addition/amendments to those policies and procedures where such additions/amendments have a material effect on employees conditions of employment Leave without Pay - All employees may apply for leave without pay, providing that such leave is mutually agreed between the employer and the employee, and is in accordance with the employer s policy on leave without pay Insurance protection for employees travelling on work related business is provided in accordance with the employer s insurance policy Employment Relations Education Leave 26.1 The Employer shall grant leave on pay for employees party to this MECA to attend courses authorised by SFWU to facilitate the employee s education and training as employee representatives in the workplace The numbers of days education leave granted is based on the following formula Number of FTE employees Number of days per annum day for every 8 FTE or part of that number 281 or more 35 days plus 5 days for every 100 FTE or part of that number that exceeds

35 Note - FTE means Full time Equivalent Eligible Employees 26.3 For the purposes of calculating the number of fill-time equivalent eligible employees employed by an employer (a) an eligible employee who normally works 30 hours or more during a week is to be counted as 1: (b) an eligible employee who normally works less than 30 hours during a week is to be counted as one-half 26.4 The SFWU shall send a copy of the programme for the course and the name of employees attending at least 20 consecutive days prior to the course commencing The granting of such leave shall not be unreasonably withheld taking into account continuing service needs The provision of Part 7 of the Employment Relations Act 2000 shall apply where any provision or entitlement is not provided for, or is greater than specified above Right of Entry 27.1 The authorised union representative shall be entitled at all reasonable times to be upon the employers premises for purposes related to the employment of its members and/or the union s business, in accordance with Sections 19 and 20 of the Employment Relations Act 2000, SFWU Meetings 28.1 Union members shall be entitled to up to a total of 4 hours leave per calendar year on ordinary pay to attend meetings authorised by the union providing the following conditions are fulfilled The union shall give the employer at least 14 days notice of the date and time of any union meeting to which clause 28.1 is to apply The union shall make such arrangements with the employer as may be necessary to ensure that the employer can maintain their business during any union meeting, including, where appropriate, an arrangement for sufficient union members to remain available during the meeting to enable the employer s operation to continue. 35

36 28.4 Work shall resume as soon as practicable after the meeting, but the employer shall not be obliged to pay any union member for a period greater than two hours in respect of any meeting Only union members who actually attend a union meeting during their working hours shall be entitled to pay in respect of that meeting and to that end the union shall supply the employer with a list of members who attended and shall advise the employer of the time the meeting finished. Note The provisions of these clauses ( ) are inclusive of any entitlements provided by the Employment Relations Act SFWU Delegate Workplace Representatives 29.1 The employer accepts that employee job delegates are the recognised channel of communication between the union and the employer in the workplace. (i) (ii) (iii) Accordingly paid time off (at ordinary time rates T1) shall be allowed for recognised employee delegates to attend meetings with management, consult with union members, and other recognised employee job delegates and union officials, to consult and discuss issues such as management of change, staff surplus, and representing employees. Prior approval for such meetings shall be obtained from management. Such approval shall not be unreasonably withheld. The amount of paid time off and facilities provided shall be sufficient to enable delegates and Convenors of delegates (where these positions exist) to give adequate consideration to the issues in the workplace. Where recognised workplace activities are required outside working hours, delegates may at the employers sole discretion be paid at ordinary rates or granted time in lieu on a time for time basis Local BAG -The employer supports delegate s attendance at local BAG meetings providing service requirements can be met. The union will advise the DHB annually the name of the delegates who wish to attend Local BAG meetings and update replacements as they occur. The employer will be supportive in releasing these delegates. 36

37 30.0 Health and Safety 30.1 The employer shall comply with the provisions of the Health and Safety in Employment Act 1992 and subsequent amendments concerning safety, health and welfare matters. The parties to this agreement agree that employees should be adequately protected from any safety and health hazard arising in the workplace. All reasonable precautions for the health and safety of employees shall be taken. The parties agree to comply with the Employee Participation Agreement in each District Health Board It shall be the responsibility of the employer to ensure that the workplace meets required standards and that adequate and sufficient safety equipment is provided It shall be the responsibility of every employee covered by this agreement to work safely and to report any hazards, accidents or injuries as soon as practicable to their supervisor It is a condition of employment that safety equipment and clothing required by the employer is to be worn or used by the employee and that safe working practices must be observed at all times Attention is also drawn to the employer s policies and procedures on health and safety The employer recognises that to fulfil their function health and safety delegates require adequate training, paid time and facilities The parties to this agreement recognise that effective health and safety committees are the appropriate means of providing consultative mechanisms on health and safety issues in the workplace Accidents 31.1 Transport of injured employees Where the accident is work-related and the injury sustained by the employee necessitates immediate removal to a hospital, or to a medical practitioner for medical attention and then to their residence or a hospital, or to their residence (medical attention away from the residence not required), the employer is to provide or arrange for the necessary transport, pay all reasonable expenses for meals and lodging incurred by or on behalf of the employee during the period she/he is transported, and claim reimbursement from ACC Where an employee is incapacitated as a result of a work accident, and that employee is on earnings related compensation, the employer agrees to supplement the employee s compensation by 20% of base salary during the period of incapacitation and this is debited against the employee sick leave where the employee agrees to and maintains 37

38 where practicable a rehabilitation plan. The employer may agree to reimburse employees for treatment and other expenses or for financial disadvantage incurred as a result of a work-related accident For non work-related accidents, where the employee agrees to and maintains where practicable a rehabilitation plan and requests, the employer shall supplement the employee s compensation by 20% of base salary and debited against the employee s Sick Leave Leave to Attend Meetings 32.1 The Employer shall grant paid leave (at ordinary rates T1) to Employees required to attend formal meetings of any statutory registration body that the employee is required to be certified by in order to undertake their contracted duties; except where the matter arises out of employment with another employer Paid leave shall also be granted where an Employee is required to attend meetings of Boards or Statutory Committees provided that the appointment to the Board or Committee is by ministerial appointment Any remuneration received by the Employee for the period that paid leave was granted shall be paid to the Employer Payment of Wages 33.1 Employees will be paid fortnightly or weekly in arrears by direct credit. Where errors have occurred as a result of employer action or inaction, corrective payment must be made within one working day of the error being brought to the employer s attention Where an employee has taken leave in advance of it becoming due, and the employee leaves before the entitlement has accrued, the employer will deduct the amount owing in excess of entitlement from the employee s final pay Any monies agreed, as being owed by the employee to the employer upon termination will be deducted from the employee s final pay The employees shall complete timesheets as required by the employer. Wherever practicable any disputed items shall not be changed without first referring it to the affected employee Overpayment Recovery Procedures: Attention is drawn to the Wages Protection Act The provisions of this Act, or any amendment or Act passed in substitution for this Act, shall apply. 38

39 33.6 The employer shall use its best endeavours to direct credit payment of wages into the employee s bank account one clear day prior to a public holiday Termination of Employment 34.1 Either the Employer or Employee may terminate the employment agreement with two weeks written notice, unless otherwise negotiated with the employer. Agreement for a shorter notice period will not be unreasonably withheld. When the agreed notice is not given, the unexpired notice may be paid or forfeited by the party failing to give the agreed notice This shall not prevent the employer from summarily dismissing any employee without notice for serious misconduct or other good cause in accordance with the employer s disciplinary procedures and/or rules of conduct Abandonment of Employment- An employee absent from work for three consecutive working days without notification to the employer or without appropriate authorisation from the employer will be considered by the employer as having terminated their employment without notice; unless the employee is able to show they were unable to fulfil their obligations under this section through no fault of their own. The employer will make reasonable efforts to contact the employee during the three days period of unnotified absence Deduction of Union Fees 35.1 The employer will deduct union fees from the wages of members of the Service and Food Workers Union when authorised in writing by members and shall remit such monies to the union at agreed intervals that shall be no greater than monthly. The monies will be paid by direct credit to the union s bank account, with an identifying reference. The employer shall simultaneously forward to the union via where possible or by post a schedule detailing the name of the employee, value of deductions, and where possible site and details of the period covered by the remittance Family Friendly Practices The employer recognises the importance of family friendly practices in the workplace and will work with the union to develop an environment where family friendly policies are practised. 39

40 36.1 Reappointment after Absence due to Childcare Employees who resign to care for a dependant pre-school child or children may apply to their former employer for preferential re-appointment The total period of childcare absence allowed is four years plus any increases in lieu of parental leave. Longer absence renders a person ineligible for preferential appointment The employer shall make every effort to find a suitable vacancy for eligible applicants as soon as their eligibility for preferential re-entry is established. Appointment to a position may be made at any time after the original notification of intention to return to work, provided the appointee agrees Absence for childcare reasons will interrupt service but not break it The period of absence will not count as service for the purpose of sick leave, annual leave, retiring leave or gratuities, long service leave or any other leave entitlement Employees do not have a right of review against their non-appointment Childcare Facilities - The parties recognise the importance of good quality childcare facilities being readily available to employees, and support present childcare facilities arrangements. Employers are encouraged to provide facilities for mothers to feed new born infants Indemnity 37.1 The employer undertakes to indemnify employees against actions taken against them by persons suffering damage as a result of acts or omissions of the employee while acting in the course of his or her employment The indemnity shall not apply to any employee acting outside the course of his or her employment and will not extend to dishonest, fraudulent, negligent, malicious or criminal acts The employer may impose reasonable conditions on its consent to cover legal costs and expenses Harassment Prevention 38.1 Employees should refer in the first instance to the provisions and procedures specified in the employer s Harassment Policy. The employee s attention is also drawn to clause 39 Resolution of Employment 40

41 Relationship Problems. Harassment can take many forms, including sexual harassment, bullying, racial harassment, violence, and other forms of intimidating behaviour Sexual harassment is verbal or physical behaviour of a sexual nature, which is unwelcome to the receiver and is embarrassing or intrusive. It affects morale, work effectiveness and the right to enjoy a good working environment. Some types of behaviour constituting sexual harassment are listed below: (a) Type of behaviour (i) sex-orientated jibes or abuse; (ii) offensive gestures or comments; (iii) unwanted and deliberate physical contact; (iv) requests for sexual intercourse, including implied or overt promises for preferential treatment or threats concerning present or future employment status. (b) Where it may occur (i) among co-workers; (ii) where a supervisor uses position and authority to take sexual advantage of another employee or to control or affect the career, salary or job of that employee; (iii) in dealing with members of the public. (c) Responsibilities for supervisors and complainants when dealing with sexual harassment: (i) It is the responsibility of the employer to maintain a work environment free of unwelcome behaviour and to provide a mechanism for reporting sexual harassment, ensuring a fair investigation and avoiding reprisals against the complainant; (ii) Care is to be taken during the investigation of any complaint of sexual harassment and afterwards to prevent any disadvantage to the complainant and care must also be taken to protect the position of other parties if the complaint is found to be unwarranted. (iii) The employer relies on supervisors at all levels to facilitate and encourage proper standards of personal and ethical conduct in the workplace Sexual harassment complaints must be taken seriously and handled with sensitivity and impartiality. Behaviour, words and gestures have different meanings in different cultures. What may be acceptable in one culture may not be in another. This needs to be taken into account in the workplace. 41

42 38.4 Guidelines for Supervisors and Guidelines for Complainants are available in the employer s Human Resources Manual and or from the Human Resources Department Racial Harassment - an employee is racially harassed if the employee s employer or a representative of the employer uses language (whether written or spoken), or visual material, or physical behaviour that directly, or indirectly: (i) expresses hostility against, or brings into contempt or ridicule, the employee on the grounds of race, colour, or ethnic or national origins of the employee; and (ii) is hurtful or offensive to the employee (whether or not that is conveyed to the employer or the representative); and (iii) has, either by it s nature or through repetition, a detrimental effect on the employee s employment, job performance or job satisfaction Resolution of Employment Relations Problems An employment relationship problem includes: (a) A personal grievance (b) A dispute (c) Any other problem relating to or arising out of the employment relationship but does not include any problem with negotiating new terms and conditions of employment. Where an Employment Relationship Problem arises the parties will in the first instance seek to resolve it between the immediately affected parties. Further to this: (a) The employee is entitled to seek representation at any stage during the process. Help with an employment relations problem is available from within the work place (employee manager) or outside the workplace (Department of Labour ), or a union, an advocate or a lawyer. (b) If the matter is unresolved either party is entitled to seek mediation from the Labour Department or refer the matter to the Employment Relations Authority. (Both mediation and investigation by the Authority are services available for the resolution of employment relationship problems.) A personal grievance means a claim that an employee: (a) has been unjustifiably dismissed; or (b) has had his/her employment, or his/her conditions of employment, affected to his/her disadvantage by some unjustifiable action by the employer; or 42

43 (c) has been discriminated against his/her employment; or (d) has been sexually harassed in his/her employment; or (e) has been racially harassed in his/her employment; or (e) has been subjected to duress in relation to union membership. If the employment relationship problem is a personal grievance, the employee must raise the grievance with the employer within a period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the latter. Where any matter comes before the Authority for determination, the Authority must direct the matter to mediation in the first instance. Where mediation has failed or been deemed inappropriate in the circumstances, the Authority will then have the power to investigate the matter. If the employment relationship problem relates to discrimination or sexual harassment, services available for the resolution of the problem include either application to the Authority for the resolution of this grievance or a complaint under the Human Rights Act 1993, but not both Co-operation, Consultation, Management of Change and Employee Protection Provisions For collective multi DHB management of change process refer appendix one Management of Change The parties to this collective agreement accept that change in the health service is necessary in order to ensure the efficient and effective delivery of health services. They recognise a mutual interest in ensuring that health services are provided efficiently and effectively, and that each has a contribution to make in this regard Regular consultation between the employer, its employees and the union is essential on matters of mutual concern and interest. Effective communication between the parties will allow for: (i) improved decision making (ii) greater cooperation between employer and employees; and (iii) a more harmonious, effective, efficient, safe and productive workplace Therefore, the parties commit themselves to the establishment of effective and ongoing communications on all employee relations matters, The employer accepts that employee delegates are a recognised channel of communication between the union and the employer in the workplace. 43

44 Prior to the commencement of any significant change to staffing, structure or work practices, the employers will identify and give reasonable notice to employees who may be affected and to the SFWU to allow them to participate in the consultative process so as to allow substantive input Reasonable paid time off at T1 shall be allowed for employee delegates to attend meetings with management and consult with employees to discuss issues concerning management of change and staff surplus Prior approval of such meetings shall be obtained from the employer and such approval shall not be unreasonably withheld The parties agree that meetings will occur regularly between management and SFWU delegates. These meetings will enable effective operational and strategic communication and resolution of issues. Each employer shall establish and/or continue the relevant arrangements in existence at the commencement of this Agreement Consultation Consultation involves the statement of a proposal not yet finally decided upon, listening to what others have to say, considering their responses and then deciding what will be done. Consultation clearly requires more than mere prior notification The requirement for consultation should not be treated perfunctorily or as a mere formality. The person (s) to be consulted must be given sufficient opportunity to express their view or to point to difficulties or problems. If changes are proposed and such changes need to be preceded by consultation, the changes must not be made until after the necessary consultation as taken place Both parties should keep open minds during consultation and be ready to change. Sufficiently precise information must be given to enable the person (s) being consulted to state a view, together with a reasonable opportunity to do so either orally or in writing Consultation requires neither agreement nor consensus, but the parties accept that consensus is a desirable outcome However, the final decision shall be the responsibility of the employer From time to time, directives will be received from government and other external bodies, or through legislative change. On such occasions, the consultation will be related to the implementation process of these directives. 44

45 The process of consultation for the management of change shall be as follows: (a) The initiative being consulted about should be presented by the employer as a proposal or proposed intention or plan which has not yet been finalised. (b) Sufficient information must be provided by the employer to enable the party/parties consulted to develop an informed response. (c) Sufficient time must be allowed for the consulted party/parties to assess the information and make such response, subject to the overall time constraints within which a decision needs to be made. (d) Genuine consideration must be given by the employer to the matters raised in the response. (e) The final decision shall be the responsibility of the employer. The above process shall be completed prior to the implementation of clause Staff Surplus - when as a result of the substantial restructuring of the whole, or any parts, of the employer s operations; either due to the reorganisation, review of work method, change in plant (or like cause). The employer requires a reduction in the number employees, or, employees can no longer be employed in their current position, at their current grade or work location (i.e. the terms of appointment to the present position), then the options in sub clause below shall be invoked on a case by case basis in accordance with this clause Where an employees employment is being terminated by the employer by reason of the sale or transfer of the whole or part of the employer s business, nothing in this agreement shall require the employer to pay compensation for redundancy to the employee if: (a) The person acquiring the business or the part being sold or transferred. - (i) has offered the employee employment in the business or the part being sold or transferred; and (ii) has agreed to treat service with the employer as if it were service with that person and as if it were continuous; and (b) The conditions of employment offered to the employee by the person acquiring the business or the part of the business being sold or transferred are the same as, or are no less favourable than, the employee s conditions of employment. Including: 45

46 (i) any service related conditions; and (ii) any conditions relating to redundancy; and (iii) any conditions relating to superannuation - under the employment being terminated; and (c) The offer of employment by the person acquiring the business or the part of the business being sold or transferred is an offer to employ the employee in that business or part of the business either: (i) in the same capacity as that in which the employee was employed by the Employer, or (ii) in any capacity that the employee is willing to accept Notification of a staffing surplus shall be advised to the affected employees and their Union at least one month prior to the date of giving notice of severance or enhanced early retirement to any affected employee. This date may be varied by agreement between the parties. During this period, the employer and employee who can elect to involve their union representative will meet to agree on the options appropriate to the circumstances. Where employees are to be relocated, at least three months notice shall be given to employees, provided that in any situation, a lesser period of notice may be mutually agreed between the employee and the employer where the circumstances warrant it (and agreement shall not be unreasonably withheld) The following information shall be made available to the Union in respect of affected employees they represent: (a) the location/s of proposed surplus (b) the total number of proposed surplus employees (c) the date by which the surplus needs to be discharged (d) the positions, grading, names, wage rate and commencement date of the affected employees (e) availability of alternative positions with the employer. On request the Union will be supplied with relevant additional information where available Options - The following are the options to be applied in staff surplus situations: (a) Reconfirmed in position/re-assignment (b) Attrition (c) Redeployment (d) Leave without pay (e) Enhanced early retirement 46

47 (f) Retraining (g) Severance Option (a) will preclude employees from access to the other options. The aim will be to minimise the use of severance. When severance is included, the provisions in sub clause will be applied as a package Reconfirmed in position - Where a position is to be transferred into a new structure in the same location and grade, where there is one clear candidate for the position, the employee is to be confirmed in it. Where there is more than one clear candidate the position will be advertised with appointment made as per normal appointment procedures Attrition - Attrition means that as people leave their jobs because they retire, resign, transfer, die or are promoted then they may not be replaced. In addition or alternatively, there may be a partial or complete freeze on recruiting new employees or on promotions Redeployment - Employees may be redeployed to a new job at the same or lower salary in the same or new location. The employee s preference for redeployment shall be given due consideration. (a) Where the new job is at a lower salary, an equalisation allowance will be paid to preserve the salary of the employee at the rate paid in the old job at the time of redeployment. The salary can be preserved in the following ways: (i) a lump sum to make up for the loss of basic pay for the next two years (this is not abated by any subsequent salary increases); or (ii) an ongoing allowance for two years equivalent to the difference between the present salary and the new salary (this is abated by any subsequent salary increases). (b) Where the new job is within the same local area and extra travelling costs are involved, actual additional travelling expenses by. public transport shall be reimbursed for up to 12 months. (c) The redeployment may involve employees undertaking some on-thejob training. (d) Transfer provisions will be negotiated on an actual and reasonable basis. 47

48 Leave without pay - Special leave without pay may be granted within a defined period without automatic right of re-engagement. his provision does not include parental or sick leave Retraining (a) (b) Where a skill shortage is identified, the employer may offer a surplus employee refraining to meet that skill shortage with financial assistance up to the maintenance of full salary plus appropriate training expenses. It may not be practical to offer refraining to some employees identified as surplus. The employer needs to make decisions on the basis of cost, the availability of appropriate training schemes and the suitability of individuals for retraining. If an employee is redeployed to a position which is similar to his or her previous one, any retraining may be minimal, taking the form of on the job training such as induction or in service education. Where an employee is deployed to a new occupation or a dissimilar position the employer should consider such forms of retraining as in-service education, block courses or night courses at a technical institute, nursing bridging programmes, etc Enhanced early retirement (a) (b) (c) Employees are eligible if they have a minimum of ten years total aggregated service with the employer, its predecessors and one or more other employers in the DHB sector, but excludes any service with any employer or their predecessor which has been taken into account for the purposes of calculating any entitlement to a redundancy/severance/early retirement or similar payment from any DHB sector employer or their predecessors. Employees who commenced employment with the current employer prior to 1 July 2007 will retain pre-existing enhanced early retirement provisions (contained in Collective Agreements applying immediately prior to this Agreement), which are more favourable than those in this clause. Membership of a superannuation scheme is not required for eligibility. The employee shall receive the following: 48

49 (i) 8.33 per cent of base salary (T1 rate only) for the preceding 12 months in lieu of notice. This payment is regardless of length of service; and (ii) 12 per cent of base salary (T1 rate only) for the preceding 12 months, or part thereof for employees with less than 12 months service; and (iii) 4 per cent of base salary (T1 rate only) for the preceding 12 months multiplied by the number of years of service minus one up to a maximum of 19; and (iv) where the period of total aggregated service is less than 19 years, per cent of base salary (T1 rate only) for the preceding 12 months multiplied by the number of completed months in addition to completed years of service; and (v) a retiring gratuity if applicable. (vi) Outstanding annual leave and long service leave may be separately cashed up Severance - Payment will be made in accordance with the following: (a) Service for the purposes of this sub clause means total aggregated service with the employer, its predecessors and one or more other employers in the DHB sector, but excludes any service with any employer or their predecessor which has been taken into account for the purposes of calculating any entitlement to a redundancy/severance/early retirement or similar payment from any DHB sector employers or their predecessors. Employees who commenced employment with the current employer prior to 1 July 2006, will retain pre-existing severance provisions (contained in Collective Agreements applying immediately prior to this agreement), which are more favourable than those in this clause. (b) 8.33 per cent of base salary (T1 rate only) for the preceding 12 months, in lieu of notice. This payment shall only be made where the requisite notice cannot be given. Notice that is of a lesser period than required by this document shall require the employer to pay an amount proportionate to the ungiven period of notice. This payment is regardless of length of service; and 49

50 (c) 12 per cent of base salary (T1 rate only) for the preceding 12 months, or part thereof for employees with less than 12 months service; and (d) (e) (f) (g) (h) (i) 4 per cent of base salary (T1 rate only) for the preceding 12 months multiplied by the number of years of service minus one, up to a maximum of 19; and where the period of total aggregated service is less than 19 years, per cent of basic salary (T1 rate only) for the preceding 12 months multiplied by the number of completed months in addition to completed years of service. a retiring gratuity or service payment if applicable (refer to Appendix 3 containing each employer s Retiring Gratuity provision which is specific to each employer). outstanding annual leave and long service leave may be separately cashed up. Where there is an offer of redeployment to reduced hours, an employee may elect to take a pro-rata compensatory payment based on the above severance calculation. Nothing in this agreement shall require the employer to pay compensation for redundancy where as a result of restructuring, and following consultation, the employee s position is disestablished and the employee declines an offer of employment that is on terms that are: the same as, or no less favourable, than the employee s conditions of employment; and in the same capacity as that in which the employee was employed by the employer, or in any capacity in which the employee is willing to accept Job Search Employees will be assisted to find alternative employment by being able to have a reasonable amount of time off work to attend job interviews without loss of pay. This is subject to the team leader/manager being notified of the time and location of the interview before the employee is released, Counselling for the employee and their family will be made available as necessary. 50

51 41.0 Employment Protection Provision 41.1 The Employer will comply with sub part 1 and sub part 2 of Part 6A Continuity of employment if employees work affected by restructuring of the Employment Relations Act The Employer will also comply with its obligations under clauses of the Code of Good Faith for the Public Health Sector (Schedule 1 B of the Employment Relations Act 2000) Professional Development 42.1 The employer at their sole discretion may grant an employee professional education leave on ordinary time. The leave is to enable an employee to gain professional qualifications and/or training relevant to the employer s operational needs and to the employees position The employer recognises a commitment to supporting the continued safe practice of its workforce and to supporting opportunities for the development of knowledge and skills, which will benefit the organisational effectiveness and workforce Where the employer requires an employee to attend training courses in order to meet organisational and service requirements the employee shall be paid at ordinary time (T1) and the employer shall meet any costs associated with the training Any claims for expenses associated with training must be approved in advance Bargaining Fee It is agreed that a bargaining fee shall be applied to those employees whose work is covered by this Agreement but who are not members of SFWU and who are not members of another union, and who do not otherwise opt out of this clause, in accordance with the Employment Relations Amendment Act 2004 (S.69P and following) For the purposes of this clause: This clause takes effect from 1 October (a) the bargaining fee shall be set at 100% of the current SFWU membership subscription rate (as shown below) and paid each pay period, and shall not increase during the term of this clause; Usual Hours Per Week Weekly Fees 10 or less $ $

52 25-39 $ $7.31 As from 1 October 2014 these fees will increase. The Union will inform the Employer of the new fees by 1 September Should the Union not inform the Employer of the increase by this date no increase will take place during the term of the Agreement. (b) (c) (d) the specified period is the period of 14 days prior to the date on which this Agreement comes into effect; an affected employee is one (i) whose work is covered by the coverage clause of this Agreement and (ii) whose terms and conditions of employment comprise or include the terms and conditions of employment specified in this Agreement and (iii) who is not a member of the union and (iv) who is not a member of another union and (v) who is not an employee who has opted out. An employee who has opted out is one who would otherwise be an affected employee but who has notified the employer by the end of the specified period that she/he does not wish to pay the bargaining fee, and whose terms and conditions of employment remain the same until such time as varied by agreement with the employer The employer shall at the end of the specified period deduct the bargaining fee from the wages of each affected employee and remit it to the union in the same manner in which union subscriptions are deducted and remitted to the union Nothing in this clause applies to new employees, that is, those who are employed after this Agreement has come into force This clause shall expire on 31 August Healthy Workplaces 44.1 The parties acknowledge that they have reached an agreement on a healthy workplaces and this is attached as Appendix Two Schedules 45.1 Appendix three sets out the schedules relevant to each DHB Letters of Intent 46.1 The parties acknowledge that they reached an agreement on a number of specific matters during the negotiations of the MECA dated 1 July 2007 to 52

53 30 June 2009 that are covered in letters of intent. While these documents do not form part of the MECA the parties agree that those letters continue to have application The parties acknowledge that they reached agreement on a number of specific matters during the negotiations for consequent MECAs and these are attached to the MECA or incorporated in the specific DHB schedules. Signed this November AUTHORISED representatives of the EMPLOYEE PARTIES: John Ryall National Secretary AUTHORISED representatives of the EMPLOYER PARTIES: Nick Chamberlain Chief Executive Officer Northland District Health Board Dale Bramley Chief Executive Officer Waitemata District Health Board Ailsa Claire Chief Executive Officer Auckland District Health Board Geraint Martin Chief Executive Officer Counties-Manukau District Health Board Craig Climo Chief Executive Officer Waikato District Health Board Phil Cammish Chief Executive Officer Bay of Plenty District Health Board 53

54 Ron Dunham Chief Executive Officer Lakes District Health Board Tony Foulkes Chief Executive Officer Taranaki District Health Board Julie Patterson Chief Executive Officer Whanganui District Health Board Kevin Snee Chief Executive Officer Hawke s Bay District Health Board Mary Bonnor Chief Executive Officer Capital & Coast District Health Board Graham Dyer Chief Executive Officer Wairarapa District Health Board Graham Dyer Chief Executive Officer Hutt Valley District Health Board Chris Fleming Chief Executive Officer Nelson/Marlborough District Health Board Nigel Trainor Chief Executive Officer South Canterbury District Health Board David Meates Chief Executive Officer Canterbury District Health Board Carole Heatley Chief Executive Officer Southern District Health Board 54

55 55

56 Appendix One Management of Change and National Arrangements. Purpose The purpose of this Agreement is to provide a national framework in conjunction with the strategic direction and leadership of the HSRA to: 1) Support national and local bipartite structures 2) Achieve healthy workplaces 3) Constructively engage in change management processes 4) Provide for dispute and problem resolution The BRF seeks to: - take shared responsibility for providing high quality healthcare on a sustainable basis; - ensure the parties dealings with each other are in accord with the principles of good faith and are characterised by constructive engagement based on honesty, openness, respect and trust; - promote productive and effective relationships; - assist in the delivery of a modern, sustainable, high quality and healthy workforce - align the principles, processes, procedures and goals adopted under this framework with those agreed by the Health Sector Relationship Agreement; - improve decision making and inter party cooperation; - co-ordinate the trialling, and where appropriate, introduction of innovative initiatives which will improve healthcare delivery; and - ensure that all collective agreements reached between the parties are applied fairly, effectively and consistently in all District Health Boards. 56

57 The principles of the relationship framework: The parties acknowledge that they must work cooperatively to achieve their overarching goal of maintaining and advancing a DHB workforce which provides high quality healthcare on a sustainable basis to the New Zealand population. The parties agree that they will: - To the extent they are capable, provide appropriate health care to the communities they serve in an efficient and effective manner. - To the extent they are capable, ensure the availability and retention of an appropriate trained and educated workforce both now, and in the future. - Promote the provision of a safe, healthy and supportive work environment where the recommendations of the Safe Staffing and Healthy Workplaces Committee of Inquiry are evident. - Recognise the environmental and fiscal pressures which impinge upon the parties and work practices and accept the need to constantly review and improve on productivity, cost effectiveness and the sustainable delivery of high quality health services. - Commit to making decisions that will be reached through genuine consultation processes - Be good employers and employees. - To the extent they are capable, ensure workforce planning, rosters and resources meet patient and healthcare service requirements, whilst providing appropriate training opportunities and a reasonable work/life balance. - Recognise the interdependence and value of all the contributions of the health workforce, their collegiality and the need for a team approach to the delivery of health care. - Accept that all parties have responsibilities, obligations and accountability for their actions. - Accept that the need to deploy resources appropriately may lead to a review of traditional job functions, the reallocation or substitution of tasks. - Work towards enhanced job satisfaction for all employees. 57

58 1) Supporting national and local bipartite structures Bipartite Action Group (BAG) These structures substitute any existing comparable bi-partite structures. National Bipartite Action Group (National BAG) This relationship framework, and the undertaking of activities required by it, shall be overseen by a committee of representatives of the parties, known as the Bipartite Action Group (BAG). The parties will decide their respective membership with members representing NZNO, SFWU, PSA members and DHBs. All parties will have representatives at the National BAG meetings with sufficient status to enter into agreement on matters raised. BAGs will be chaired on a rotational basis by DHBs and the union parties. Both the DHBs and union parties will have the same number of votes with union parties deciding how their voting rights will be determined. The committee will meet through voice and or video conferencing as required and hold face to face meetings at periods to be agreed but no less frequently than quarterly. DHBs are required to support the functioning of the BAG through ensuring parties are able to be released from other duties for this purpose. The BAG will as necessary advise and participate in the work programme and or other initiatives of the Health Sector Relationship Agreement. It will determine the process on resolving individual and collective union and DHB issues. These will include implementation, application and interpretation issues that have a national relevance. It will also be the responsibility of the National BAG to support the ongoing activity of Local BAGs and to deal with any issues that are submitted from these groups through regular reports. The National BAG will agree on processes for its own operation and will circulate them as guidelines for Local BAGs. All parties to the relationship have an interest in promoting the work of the BAG and will in the first instance seek to agree on the content and form of any communications relating to the work of the BAG. BAG may develop proposals / projects for the improvement of workforce practices and planning involving the DHB health workforce or receive such initiatives from others. Secretarial services shall be provided by DHBNZ. Local BAGs Where they do not already exist, a BAG will be established in each DHB. The local BAG will provide a forum for workers and their union to engage in discussions and decision making on matters of common relevance. This will not prevent unions discussing individual issues with the DHB directly. But where the issue/s have relevance to more than one union all relevant parties should have the opportunity to be present and be part of the decision making process. 58

59 Issues discussed at local level should be focussed on improving productivity and efficiency of the DHB and instigating local change that will benefit the parties in the effective running of the DHB and wellbeing of employees. 2) Healthy workplaces This BRF supports the principles and joint work contained in the Healthy Workplaces Agreement. 3) Change Management: This clause provides a change management approach, and national oversight arrangements for management of change. This approach is to be used where the change is multi-dimensional and will challenge the ability of existing change management clauses in this agreement to respond efficiently and effectively; and where the proposed change will impact at one or more of the following levels: a) Nationally, b) Regionally, c) Across a number of DHBs, impacting on one or more unions, d) Where changes are likely to result to the structure of employment relationships in the sector. Either party may also make a request to the HSRA steering group to use this process. All parties to the HSRA steering group must then agree/disagree whether this approach is appropriate. If it is agreed to use this process, the issue will effectively be placed with the HSRA Change Management Framework (CMF) sub-committee. The CMF sub-committee will include union and DHB representatives appropriate to the change initiative. The CMF sub-committee is tasked with making a considered decision on the processes to be used in the implementation of the policy or initiative and will provide a forum to decide the appropriate process for the change management. The CMF sub-committee will ensure the change to be implemented in a coordinated fashion at the appropriate level across the sector, and involve appropriate stakeholders as each situation requires. Where this clause has been used, it will be considered to meet the requirements for consultation as detailed in this agreement. {refer to specific MECA and CEA sub clauses} 59

60 4) Disputes and problem resolution The parties accept that differences are a natural occurrence and that a constructive approach to seeking solutions will be taken at all times. The object of this clause is to encourage the National BAG to work cooperatively to resolve any differences and share in the responsibility for quality outcomes. When a consensus decision on interpretation of an agreement has been reached at the national, BAG the decision will be formally captured and signed by the parties and will be binding on all parties from that time. Any matter that cannot be resolved will be referred by the BAG to a mutually agreed third party who will help facilitate an agreement between the parties. Failing identification of a mutually acceptable third party, the matter shall be referred to the Mediation Service of the Department of Labour (or its successors) to appoint someone. In the event that the parties can not reach an agreed solution and unless the parties agree otherwise, after no less that two facilitation meetings, the third party will, after considering relevant evidence and submissions, provide a written but non-binding recommendation to the parties. Nothing in this agreement shall have the effect of restricting either party s right to access statutory resolution processes and forums such the Employment Relations Authority or the Employment Court or seek other lawful remedies. 60

61 Appendix Two Healthy Workplaces Agreement February 2010 The parties to the DHB / CTU Health Unions National Terms of Settlement agree that all employees should have healthy workplaces. Achieving healthy workplaces requires: 1. Effective care capacity management 1 ; having the appropriate levels of staff, skill mix, experience, and resourcing to achieve a match between demand and capacity 2. Systems, processes and work practices that ensure efficient scheduling and a credible, consistent and timely response to variance in demand 3. A workplace culture between employees and their managers that reflects an understanding and actively advocates a balance between safe quality care, a safe quality work environment and organisational efficiency. 4. Recognition that everyone can be a leader by using the authority (expertise) vested in their role to participate and constructively engage with others. 5. The development of a learning culture that emphasizes employees at all levels being given the opportunity to extend their knowledge and skills, as identified in their performance development plans where they are in place. 6. Appreciation that good patient outcomes rely on the whole team and that teams need opportunities to work and plan together. 7. Having the right tools, technology, environment and work design to support health and safety and to ensure effective health care delivery. This includes the opportunity to be involved in the decisions about what is needed and when. 1 Care capacity management is the process of ensuring that the demand for service placed on an organisation can be adequately met within a context of quality patient care, a quality work environment for staff, and fiscal and procedural efficiency. 61

62 The parties agree that these seven elements should be evident in all DHB workplaces and apply to all employees, and agree to work jointly towards the implementation of them by the following: The parties agree to work together to establish a national framework for a whole of system approach to care capacity management which; - provides efficient, effective, user friendly processes and structures - provides centralized, multi stakeholder governance - is used consistently and effectively at all levels to manage and monitor care capacity - includes a core data set by which the health of the system is monitored and is used to inform forecasting, demand planning, and budgeting - Includes consistent, credible, required responses to variance in care capacity - recognises the need for local solutions consistent with the principles of healthy workplaces Each party will undertake to promote and model behavior that demonstrates productive engagement and builds a workplace culture that enables everyone to feel their contribution is valued and respected. Opinions of those performing the work will be sought when new innovations, improvements and changes are required, in a manner consistent with consultation and change management processes referred to below Quality of care and quality of the work environment are agreed priorities that underpin productivity and will be incorporated in all workplace processes and actively sponsored at all levels of the organization Developing and maintaining policies and practices that actively encourage all employees to be confident in leading and making decisions within their levels of expertise and experience. Access for all employees to appropriate professional development and appropriate learning opportunities, including appropriate national qualifications, in order to give them greater opportunities to extend their roles and responsibilities within the public health system. Facilitating appropriate release time to attend relevant professional development and learning opportunities; A wider team approach to planning and evaluation of service capacity and service delivery will be used to ensure the right people with the right skills are providing the right care (role) at the right time in the right place. This 62

63 will support staff in taking responsibility and accountability for their own services performance, and using the tools and policies in place to effect improvement. Nationally consistent consultation and change management processes to facilitate both input into decision making on issues affecting the workplace and active engagement in the development and /or problem solving of initiatives to address the issues 63

64 Appendix Three DHB specific schedules Auckland DHB Retail Assistants Collective Agreement - Effective 1 July to 30 June RETIRING GRATUITIES NB: (i) This clause shall only apply to workers engaged prior to (ii) The total amount paid to an Employee under this provision shall not exceed the total basic salary (T1 rate only) the Employee would have received between their actual severance and the date that the Employee intended to cease permanent employment The parties to this Agreement acknowledge that payment of a gratuity in terms of this clause is at the absolute discretion of the ADHB The Employer may pay a retiring gratuity to staff retiring from the ADHB who have had no less than 10 years' service with the employer CHE or its predecessor, with that CHE and one or more other CHE'S or their predecessors and with one or more of the following services: the Public Service, the Post Office, NZ Railways or any university in New Zealand Provided that for Employees engaged after 1 July 1992, only service with CHE's, Area Health Boards, Hospital Boards or Health Service Community Trusts funded or part funded by a CHE shall be recognised For the purposes of establishing eligibility for a gratuity, total board service may be aggregated, whether this be part-time or whole-time, or a combination of both at different periods. Part-time service is not to be converted to its whole-time equivalent for the purpose of establishing eligibility Where part-time service is involved the gratuity should be calculated to reflect this. The number of hours per week employed during the years of service is calculated as a percentage of the number of hours represented by a full week and this percentage is applied to the rate of pay established for gratuity purposes Gratuities may be paid to the spouse or if no surviving spouse, the dependent child(ren) or the estate of Employees who died before retirement or who died after retirement but before receiving a gratuity. 64

65 Spouse is defined as a person with whom a marriage contract has been made or who is in a de facto relationship The Employer may also grant half the normal entitlement to those Employees resigning after not less than 10 year's service to take up other employment The calculation of a gratuity entitlement shall be in accordance with the scale detailed below, provided that the amount of any gratuity previously received in respect of service taken into account in the calculation shall be deducted For the purposes of calculating the amount of gratuity which the Employer may pay the rate of pay on retirement shall be the basic rates of salary or wages An Employee who is granted leave without pay and who remains in the service of the ADHB, will, on retirement, have such leave aggregated with other service for gratuity purposes. SCALE OF MAXIMUM GRATUITIES Maximum Gratuity Period of Total Service Working days only Not less than 10 years and less than 11 years 22.5 Not less than 11 years and less than 12 years 25 Not less than 12 years and less than 13 years 28 Not less than 13 years and less than 14 years 31 Not less than 14 years and less than 15 years 33.5 Not less than 15 years and less than 16 years 36.5 Not less than 16 years and less than 17 years 39.5 Not less than 17 years and less than 18 years 42.5 Not less than 18 years and less than 19 years 45.0 Not less than 19 years and less than 20 years 48.0 Not less than 20 years and less than 21 years 51.0 Not less than 21 years and less than 22 years 53.5 Not less than 22 years and less than 23 years 56.5 Not less than 23 years and less than 24 years 59.5 Not less than 24 years and less than 25 years 62.5 Not less than 25 years and less than 26 years 66 Not less than 26 years and less than 27 years 70.0 Not less than 27 years and less than 28 years 74.5 Not less than 28 years and less than 29 years 78.5 Not less than 29 years and less than 30 years 83 Not less than 30 years and less than 31 years 88.0 Not less than 31 years and less than 32 years

66 Not less than 32 years and less than 33 years 96.5 Not less than 33 years and less than 34 years Not less than 34 years and less than 35 years 105 Not less than 35 years and less than 36 years Not less than 36 years and less than 37 years Service Workers Collective Agreement Effective 1 July 2005 to 30 June 2006 Retiring Gratuities: 29. RETIRING GRATUITIES NB: (i) This clause shall only apply to workers engaged prior to (ii) The total amount paid to an Employee under this provision shall not exceed the total basic salary (T1 rate only) the Employee would have received between their actual severance and the date that the Employee intended to cease permanent employment The parties to this Agreement acknowledge that payment of a gratuity in terms of this clause is at the absolute discretion of the ADHB The Employer may pay a retiring gratuity to staff retiring from the ADHB who have had no less than 10 years' service with the employer CHE or its predecessor, with that CHE and one or more other CHE'S or their predecessors and with one or more of the following services: the Public Service, the Post Office, NZ Railways or any university in New Zealand. Provided that for Employees engaged after 1 July 1992, only service with CHE's, Area Health Boards, Hospital Boards or Health Service Community Trusts funded or part funded by a CHE shall be recognised For the purposes of establishing eligibility for a gratuity, total board service may be aggregated, whether this be part-time or whole-time, or a combination of both at different periods. Part-time service is not to be converted to its whole-time equivalent for the purpose of establishing eligibility Where part-time service is involved the gratuity should be calculated to reflect this. The number of hours per week employed during the years of service is calculated as a percentage of the number of hours represented by a full week and this percentage is applied to the rate of pay established for gratuity purposes Gratuities may be paid to the spouse or if no surviving spouse, the dependent child(ren) or the estate of Employees who died before 66

67 retirement or who died after retirement but before receiving a gratuity. Spouse is defined as a person with whom a marriage contract has been made or who is in a de facto relationship The Employer may also grant half the normal entitlement to those Employees resigning after not less than 10 year's service to take up other employment The calculation of a gratuity entitlement shall be in accordance with the scale detailed below, provided that the amount of any gratuity previously received in respect of service taken into account in the calculation shall be deducted For the purposes of calculating the amount of gratuity which the Employer may pay the rate of pay on retirement shall be the basic rates of salary or wages An Employee who is granted leave without pay and who remains in the service of the ADHB, will, on retirement, have such leave aggregated with other service for gratuity purposes. SCALE OF MAXIMUM GRATUITIES Maximum Gratuity Period of Total Service Working Days Pay Not less than 10 years and less than 11 years 22.5 Not less than 11 years and less than 12 years 25 Not less than 12 years and less than 13 years 28 Not less than 13 years and less than 14 years 31 Not less than 14 years and less than 15 years 33.5 Not less than 15 years and less than 16 years 36.5 Not less than 16 years and less than 17 years 39.5 Not less than 17 years and less than 18 years 42.5 Not less than 18 years and less than 19 years 45.0 Not less than 19 years and less than 20 years 48.0 Not less than 20 years and less than 21 years 51.0 Not less than 21 years and less than 22 years 53.5 Not less than 22 years and less than 23 years 56.5 Not less than 23 years and less than 24 years 59.5 Not less than 24 years and less than 25 years 62.5 Not less than 25 years and less than 26 years 66 Not less than 26 years and less than 27 years 70.0 Not less than 27 years and less than 28 years 74.5 Not less than 28 years and less than 29 years 78.5 Not less than 29 years and less than 30 years 83 Not less than 30 years and less than 31 years

68 Not less than 31 years and less than 32 years 92.5 Not less than 32 years and less than 33 years 96.5 Not less than 33 years and less than 34 years Not less than 34 years and less than 35 years 105 Not less than 35 years and less than 36 years Not less than 36 years and less than 37 years Not less than 37 years and less than 38 years 118 Not less than 38 years and less than 39 years Not less than 39 years and less than 40 years Not less than 40 years 131 Orderlies Service Progression See Letter of Intent below: Letter of Intent This is a letter of intent as per Clause 44.1 of the District health Boards and SFWU Multi Employer Collective Agreement. It is the intent of the Auckland District Health Board to continue to progress orderlies up the wage scale under Clause 10.1 of the MECA in the following way: All orderlies commence employment on Grade 2 Progression from Grade 2 to Grade 3 occurs approximately 12 weeks from commencement Progression from Grade 3 to Grade 4 occurs 12 months from commencement (i.e. anniversary date) Vivienne Rawlings General Manager Human Resources Auckland District Health Board John Ryall National Secretary Service and Food Workers Union Nga Ringa Tota Dated: 15 March